Chapter 11.47 — AMENDMENTS AND ENFORCEMENT

(a)

Purpose. The purpose of this Section is to establish procedures for the correction and amendment of required maps, consistent with the regulations of the Subdivision Map Act.

(b)

Tentative maps. Tentative maps may be corrected and amended as follows:

(1)

Minor changes. Minor changes in an approved tentative map may be approved by the County Surveyor upon application by the subdivider or on the County's initiative, provided that:

a.

No lots, units or building sites or structures are added;

b.

Changes are consistent with the intent of the original tentative map approval; and

c.

There are no resulting violations of the County Code.

(2)

Substantive changes. Amendments of the tentative map that in the opinion of the CDSA Director are not minor shall be referred to the Development Review Committee for a decision, subject to the procedures for processing a tentative map set forth in Chapter 11.40, Tentative Maps.

(3)

Effect of amendments. Any approved amendment shall not alter the expiration date of the tentative map.

(c)

Final maps and parcel maps—Allowed corrections and amendments.

(1)

Corrections. After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or amending map for any of the following purposes, consistent with Section 66469 of the Subdivision Map Act:

a.

To correct an error in any course or distance shown on the map.

b.

To show any course or distance that was omitted from the map.

c.

To correct an error in the description of the real property shown on the map.

d.

To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

e.

To show the proper location of any monument that has been changed in location or character, or that was originally shown at the wrong location or incorrectly as to its character.

f.

To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision Map Act if the correction does not impose any additional burden on the present owners of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

g.

To correct any other type of map error or omission as approved by the County Surveyor that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this Section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.

(2)

Amendments. After a final map or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map if the Development Review Committee finds that there are changes in circumstances that make any or all of the conditions of such final map or parcel map no longer appropriate or necessary. Any such modification shall be set for public hearing as provided for in Section 66451 of the Subdivision Map Act. The hearing shall be confined to consideration of any action on the proposed modification. The Development Review Committee shall only approve the amendment if it finds that all of the following are true:

a.

The modifications do not impose any additional burden on the present fee owner of the property;

b.

The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and

c.

The map as modified conforms to the provisions of the Subdivision Map Act and this division.

(d)

Final maps and parcel maps—Form and contents. Amendments to either a final map or a parcel map may be made with a certificate of correction or an amending map. The amending map or certificate of correction shall be prepared by a person registered as a civil engineer prior to January 1, 1982 or a licensed land surveyor. The County Surveyor shall determine when an amending map is required and when a certificate of correction will suffice. The amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map.

(1)

In the case of an amending map to amend a parcel map, no signature of a trustee or beneficiary of a deed of trust regarding the property shall be required nor shall the signature of any lot owner whose lot is not affected by the change be required. No signatures of owners shall be required unless, in the judgment of the County Surveyor, signatures of owners should be required. In all cases, however, the names of all owners of record holding any record title interest in the lots covered by the map shall be shown on the amending map or certificate of correction, together with the nature of their interest.

(e)

Final maps and parcel maps—Examination of amending map or certificate of correction by County Engineer.

(1)

General review. The amending map or certificate of correction shall be submitted to the County Surveyor for review and approval, accompanied by the required fee established in Title 13, Fees. The County Surveyor shall examine the amending map or certificate of correction for compliance with the Subdivision Map Act and for accuracy.

(2)

Certificate of correction. The County Surveyor shall have 20 working days to examine the certificate of correction for compliance with this division, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the County Surveyor determines that the certificate of correction fails to comply with this division or Sections 66469 and 66470 of the Subdivision Map Act, the County Surveyor shall return the certificate to the applicant with a written statement of the changes necessary. The County Surveyor shall have ten working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

(f)

Final maps and parcel maps—Filing with the County Recorder. The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the County Recorder. Upon such filing, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though set forth upon the original map.

(Ord. No. 1624)

(a)

Purpose. This article establishes procedures that the County will use to enforce the requirements of this division, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the general plan.

(b)

Prohibitions.

(1)

No Sale or lease until final map or parcel map is in full compliance. No person shall sell, lease, or finance any parcel of real property or begin construction of any building for sale, lease or financing, except for model homes, or allow occupancy of any parcel or parcels for which a final map or parcel map is required by the Subdivision Map Act or this division, until a map that is in full compliance with the provisions of this title and the Subdivision Map Act, has been filed with the County Recorder.

(2)

No conveyance by parcel number until final map is filed. The conveyance of any part of a division of real property for which a final map or parcel map is required shall not be made by parcel or block number, letter or other designation until the map has been filed for record with the County Recorder.

(3)

Exceptions.

a.

This section does not apply to a parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this division, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

b.

This section does not prohibit an offer or contract to sell, lease or finance real property or to construct improvements where the sale, lease or financing or the beginning of construction, is expressly conditioned upon the approval and filing of a final map or parcel map.

c.

This section shall not, in any way, modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

(c)

Remedies.

(1)

Conveyance voidable. Any deed of conveyance, sale, or contract to sell real property that has been divided or that results from a division in violation of the Subdivision Map Act or this division is voidable at the sole option of the grantee, buyer or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. The deed of conveyance, sale or contract to sell is, however, binding upon a successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or their assignee, heir or devisee.

(2)

Other legal action. Any grantee, or successor in interest, of real property that has been divided, or which has resulted from a division, in violation of the provisions of this division or the Subdivision Map Act may, within one

year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

(d)

Effect on County permits and approvals.

(1)

No issue of permits or approvals. The County shall not issue a permit or grant any approval necessary to develop any real property that has been divided or which has resulted from a division in violation of the Subdivision Map Act or this division if it finds that development of the property is contrary to the public health or safety. The authority to deny or approve such a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. The County shall not issue a permit or grant any approval necessary to develop a remainder parcel without said remainder parcel having first been issued a Conditional Certificate of Compliance.

(2)

Permit or approval subject to conditions. If the County issues a permit or grants approval for the development of any real property illegally subdivided, it may only impose those additional conditions that would have been applicable to the division of the property at the time the current owner of record acquired the property. If the applicant was the owner of record at the time of the initial violation, the County may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Subsection 11.47.020(e), Certificate of Compliance, below, only the conditions stipulated in that certificate are applicable.

(e)

Certificates of compliance. Certificates of compliance shall be sought and issued as provided in Section 66499.35 of the Subdivision Map Act and the following:

(1)

Request. A person owning real property or a vendee of such person under a contract of sale may request the County Surveyor to determine whether the real property complies with the provisions of the Subdivision Map Act and this division. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property, as well as the necessary deed research and Chain of Title information to determine the legality of the parcel. The applicant for a certificate of compliance shall pay the County a fee to cover the reasonable cost of processing the application.

(2)

Determination and certificate of compliance. If the County Surveyor, in consultation with County Counsel as needed, determines that the real property complies with the provisions of the Subdivision Map Act and this division, it shall issue a certificate of compliance to be filed for record with the County Recorder. The certificate

of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this division.

(3)

Conditions. If the County Surveyor, in consultation with County Counsel as needed, determines that the real property does not comply with the provisions of the Subdivision Map Act or this division, the County Surveyor may, as a condition to granting a certificate of compliance, impose conditions. This shall be known as a Conditional Certificate of Compliance. Upon the County Surveyor making such a determination, establishing such conditions, and upon Development Review Committee approval, the County Surveyor shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until the County issues a permit or other grant of approval for development of the property.

(4)

Recorded maps serve as certificates of compliance. A recorded final map, parcel map or official map constitutes a certificate of compliance with respect to the parcels of real property described on the map.

(f)

Notice of violation.

(1)

Notice of intention to record notice of violation. If it is determined that real property has been divided in violation of the Subdivision Map Act or this division, the County Surveyor shall mail by certified mail to the current owner a notice of intention to record a notice of violation. The notice shall describe the property in detail, name the owners, describe the violation, why the subject parcel is not lawful under the Subdivision Map Act or County Ordinance, and state that the owner will be given the opportunity to present evidence. The notice shall specify the date, time and place for a Development Review Committee hearing at which the owner may present evidence why a notice of violation should not be recorded.

(2)

Hearing. The hearing shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.

(3)

Clearance if no violation. If, after the owner has presented evidence, the County determines that there has been no violation, the County Surveyor shall mail a clearance letter to the then current owner of record.

(4)

Recording a notice of violation. The County shall record the notice of violation with the County Recorder's office.

a.

Within 15 days of receipt of the notice, if the owner fails to file with the County Surveyor a written objection to recording the notice of violation; or

b.

After the owner has presented evidence, the County determines that the property has in fact been illegally divided.

(5)

Effect of recording. The notice of violation, when recorded, is constructive notice of the violation to all successors in interest in the property.

(g)

Penalty for violation. Pursuant to Section 66499.31 of the Subdivision Map Act, a violation of the Subdivision Map Act by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the County jail not exceeding one year or in the state prison, by a fine not exceeding $10,000.00, or by both fine and imprisonment. Every other violation of the Subdivision Map Act is a misdemeanor.

(h)

Judicial review. An action or proceeding to attack, review, set aside, void or annul a decision of the County under this division must be commenced and served on the County within 90 days after the date of the decision. After 90 days, all persons are barred from any such action.

(Ord. No. 1624)

DIVISION V. - ADMINISTRATION CHAPTER 11.52 - LAND USE AUTHORITIES

The purpose of this Chapter is to identify the hearing bodies, officials, and administrators with designated responsibilities under various divisions and chapters of this Code. Subsequent chapters of Division V, Administration, provide detailed information regarding various procedures, applications, and permits, including zoning and general plan amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Code as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

(Ord. No. 1624)

The powers and duties of the Board of Supervisors under this Code include, but are not limited to the following:

(1)

Consider and adopt, reject or modify amendments to the map and text of the General Plan pursuant to the provisions of Chapter 11.62, General Plan Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(2)

Consider and adopt amendments to the Official Zoning Map and to the text of this Code pursuant to the provisions of Chapter 11.61, Amendments to Development Code and Official Zoning Map, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(3)

Consider and adopt, reject or modify Community Plans pursuant to the provisions of Chapter 11.63, Community Plans, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(4)

Consider and adopt, reject or modify Specific Plans and amendments thereto, pursuant to the provisions of Chapter 11.64, Specific Plans and Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(5)

Consider and adopt, reject or modify development agreements and amendments thereto, pursuant to the provisions of Chapter 11.66, Development Agreements and Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(6)

Sets priorities for the County and establishes land use goals and policies.

(7)

Adopt guidelines for Design Review pursuant to Chapter 11.56, Design Review.

(8)

Have final jurisdiction over the approval of final maps.

(9)

Approving improvement agreements and accepting lands and improvements proposed for dedication to the County.

(10)

Act as the final appeal board for decisions by the Development Review Committee, Zoning Administrator, Planning Commission, County Surveyor and Department Heads within the Community Development and Services Agency in the administration or enforcement of the provisions of this Code, pursuant to Section 11.53.150, Appeals and Calls for Review.

(11)

Appoint and remove members of the Planning Commission as provided for in Title IV, Boards and Commissions, of the County Code.

(12)

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided pursuant to this Code.

(Ord. No. 1624)

The Planning Commission is established and organized pursuant to Title IV, Boards and Commissions, of the County Code and the requirements of the California Government Code. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:

(1)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on proposed amendments to the General Plan map and text, pursuant to Chapter 11.62, General Plan Amendments.

(2)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on proposed amendments to the official zoning map and to the text of this Code, pursuant to Chapter 11.61, Amendments to Development Code and Official Zoning Map.

(3)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption of community plans, pursuant to Chapter 11.63, Community Plans.

(4)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption or amendment of specific plans, pursuant to Chapter 11.64, Specific Plans and Amendments.

(5)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption or amendment of development agreements, pursuant to Chapter 11.66, Development Agreements and Amendments.

(6)

Approve, conditionally approve, modify or deny use permits and variances, pursuant to Chapter 11.57, Use Permits, and Chapter 11.59, Variances.

(7)

Conduct design review on any approvals it grants that are subject to design review, pursuant to Chapter 11.56, Design Review.

(8)

Hear and decide proposals to revoke permits, pursuant to Section 11.53.140, Revocation of Approvals, following a public hearing.

(9)

Approve, conditionally approve, or disapprove tentative subdivision maps and vesting tentative subdivision maps, and impose requirements or conditions thereon.

(10)

Approve, conditionally approve, or disapprove amendments to a tentative subdivision map that the CDSA Director determines not to be minor.

(11)

Approve modifications to an approved tentative subdivision map.

(12)

Approve variations to lot and block design requirements when submitted as part of a tentative subdivision map application.

(13)

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the County's environmental review guidelines pursuant to the State law and the procedures in Chapter 11.54, Environmental Review.

(14)

Prepare and recommend to the Board of Supervisors for adoption guidelines for Design Review, pursuant to Chapter 11.56, Design Review.

(15)

Provide interpretations of this Code when forwarded by the CDSA Director.

(16)

Such other duties and powers as assigned or directed by the Board of Supervisors.

(Ord. No. 1624)

The Development Review Committee shall consist of one designee each, by the CDSA Director, from the Planning (acting as the Zoning Administrator), Public Works, and Environmental Health Departments. The

powers and duties of the Development Review Committee under this Code include, but are not limited to the following:

(1)

Serve as the advisory agency for purposes of the Subdivision Map Act (Government Code § 66410 et seq.) and Division IV, Subdivisions, of this Code.

(2)

Develop all rules and regulations necessary to implement Division IV, Subdivisions, and the Subdivision Map Act (Government Code § 66410 et seq.), including rules for the conduct of its business and obtaining of necessary information. Said rules and regulations shall be in effect upon approval by the Board of Supervisors.

(3)

Approve, conditionally approve or disapprove tentative parcel maps by a majority vote of the Committee. Imposing any conditions necessary to make the required findings for approval.

(4)

Review petitions for reversion to acreage.

(5)

Approve minor changes to approved tentative subdivision maps.

(6)

Approve major changes to approved tentative parcel maps.

(7)

Grant extensions to the expiration dates for tentative parcel maps and initial extensions to the expiration dates for tentative subdivision maps.

(8)

Approve or disapprove lot line adjustments, certificates of compliance and conditional certificates of compliance.

(9)

Develop such forms as may be required to implement Division IV, Subdivisions, and the Subdivision Map Act (Government Code § 66410 et seq.).

(10)

Approve, conditionally approve, or deny Planned Sign Permit Programs.

(11)

Approve, conditionally approve, modify or deny Minor Use Permits pursuant to Chapter 11.57, Use Permits.

(12)

Approve, conditionally approve, modify or deny administrative use permits that require a public hearing.

(13)

Conduct design review on any approvals it grants that are subject to Design Review, pursuant to Chapter 11.56, Design Review.

(14)

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the County's adopted environmental review guidelines pursuant to the State law and the procedures in Chapter 11.54, Environmental Review.

(15)

Other duties as established in this Code or as assigned by the Board of Supervisors.

(Ord. No. 1624)

The powers and duties of the Community Development and Services Agency Director (CDSA Director) under this Code include, but are not limited to the following:

(1)

Direct and coordinate the administration of this Code, including interpretations of this Code, processing of applications, abatements and other enforcement actions.

(2)

Interpret this Code to members of the public and to other County departments.

(3)

Prepare and effect rules and procedures necessary or convenient for the conduct of the CDSA Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator. They may include the administrative details of hearings officiated by the CDSA Director (e.g., scheduling, rules of procedure and recordkeeping).

(4)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(5)

Initiate revocations of permits, pursuant to Section 11.53.140, Revocation of Approvals.

(6)

Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

(7)

Delegate administrative and technical functions as he/she so deems to members of the Community Development and Services Agency.

(8)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Planning Director, or the CDSA Director in the absence of a Planning Director, under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to zoning, parking, landscaping, signs, design review and environmental review pursuant to the California Environmental Quality Act and (CEQA) and National Environmental Protection Act (NEPA).

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Planning Department.

(3)

Acts as the Enforcement Officer as it pertains to zoning, parking, landscaping, signs, design review and environmental review pursuant to the CEQA and NEPA.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Planning Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the Planning Commission. They may include the administrative details of hearings officiated by the Planning Director (e.g., scheduling, rules of procedure and recordkeeping).

(5)

Develop such forms as may be required to implement this Code.

(6)

Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and Government Code Section 65950.

(7)

Review applications for discretionary permits and approvals under this Code for conformance with applicable submission requirements and time limits.

(8)

Conduct design review for projects that do not require approval of another discretionary permit or modifications to an approved design review permit pursuant to the requirements of Chapter 11.56, Design Review.

(9)

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the County's environmental review requirements (Chapter 11.54, Environmental Review) and notify the applicant if any additional information is necessary to conduct the review.

(10)

Process and make recommendations to the Board of Supervisors on all applications, amendments, appeals and other matters upon which the Board has the authority and the duty to act under this Code.

(11)

Process and make recommendations to the Planning Commission on all applications, appeals and other matters upon which the Planning Commission has the authority and the duty to act under this Code.

(12)

Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

(13)

Serve as technical staff of the Planning Commission.

(14)

Investigate and make reports to the Planning Commission on violations of permit terms and conditions.

(15)

Delegate administrative functions as he/she so deems to members of the Planning Department.

(16)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Public Works Director under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to grading, drainage, flood control, water quality, roadway standards, and Subdivision Map Act.

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Public Works Department.

(3)

Acts as the Enforcement Officer as it pertains to grading, drainage, flood control, water quality, roadway standards, and Subdivision Map Act.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Public Works Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator.

(5)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(6)

Establish design and construction details, standards and specifications.

a.

Approve design plans and specifications.

b.

Inspect improvements to confirm adequate conformance with approved plans, specifications and design standards.

(7)

Process improvement agreements and deferred improvement agreements.

(8)

Ensure adequate financial security is posted for improvements not constructed prior to recordation of map.

(9)

Make recommendations to the Board of Supervisors on the acceptance of improvements for maps and the release of any associated bonds.

(10)

Delegate administrative functions as he/she so deems to members of the Public Works Department.

(11)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Environmental Health Director under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to compliance with State and local regulations for food handling, housing institutions (i.e. hotels, and organized camps), public pools, kennels, septic systems, solid waste facilities, public water systems, wells, underground storage tanks, and handling of hazardous materials.

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Environmental Health Department.

(3)

Acts as the Enforcement Officer as it pertains to food handling, housing institutions (i.e. hotels, and organized camps), public pools, kennels, septic systems, solid waste facilities, public water systems, wells, underground storage tanks, and handling of hazardous materials.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Public Works Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator.

(5)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(6)

Delegate administrative functions as he/she so deems to members of the Environmental Health Department.

(7)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the County Surveyor under this Code include, but are not limited to the following:

(1)

Establish standards for the form and content of final maps and parcel maps.

(2)

Review requests for determination of compliance with the Subdivision Map Act including but not limited to determining the legality of parcels.

(3)

Examine and certify that final maps and parcel maps are in substantial conformance with the approved tentative map and Subdivision Map Act.

(4)

Approve minor changes to approved tentative parcel maps and Public Work's conditions of approval where the intent of the conditions is maintained or deemed no longer necessary.

(5)

Review and approve amendments and corrections to final maps and parcel maps. Determine if amending maps or certificates of compliance are required.

(6)

Issue certificates of approval for lot line adjustments and certificates of compliance.

(7)

Process notice of violations as it pertains to the Subdivision Map Act.

(8)

Mail notices of intention to determine status for parcel mergers and, in cases in which the property owner does not request a hearing before the Development Review Committee, making determinations regarding whether affected parcels are to be merged or not.

(Ord. No. 1624)

The Zoning Administrator is a County staff member appointed by the CDSA Director with the following powers and duties:

(1)

Review applications for permits and licenses for conformance with this Code and issue a zoning clearance when the proposed use or building is allowed as a matter of right and conforms to all applicable development and use standards, pursuant to Chapter 11.55, Zoning Clearances.

(2)

Approve, conditionally approve, modify or deny administrative use permits for projects that are exempt from CEQA pursuant to the provisions of Chapter 11.57, Use Permits.

(3)

Approve, conditionally approve, modify, or deny temporary use permits pursuant to the provisions of Chapter 11.58, Temporary Use Permits.

(4)

Conduct Design Review on any approvals it grants that are subject to design review and other projects pursuant to Chapter 11.56, Design Review.

(5)

Approve, conditionally approve, modify or deny waivers and modifications pursuant to the provisions of Chapter 11.60, Waivers and Modifications.

(6)

Hear and decide applications for minor modifications to approved permits pursuant to the provisions of Section 11.53.120, Changes to an Approved Permit.

(7)

Other duties and powers as may be assigned by the CDSA Director and/or Planning Director.

(Ord. No. 1624)

11.52.110. - Summary of review authorities for land use decisions and appeals.

Table 11.52.100 below summarizes the authorities responsible for decisions and appeals of different types of zoning and land division permits under this Code. This table is provided for reference; the specific duties of each authority, as well as specific procedures for types of permits, are spelled out in the relevant sections.

Type two: discretionary quasi-judicial actions

(Ord. No. 1624)